: Litigation

What’s Next: The Plaintiff’s Perspective – Employment Reclassification Case Targets Labor Abuses by ‘Franchisers’

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In this regular feature, Bulletproof interviews top plaintiffs’ counsel for their perspective on the crises likely to affect businesses in the near future. Today, we speak to Shannon Liss-Riordan of Lichten & Liss-Riordan, P.C. in Boston. Ms. Liss-Riordan represents plaintiffs in Pius Awuah et al. v Coverall North America Inc., a lawsuit that has taken employment reclassification cases to a ... READ MORE

What’s Next: The Plaintiff’s Perspective – Second Life: The Alleged Damages Are Virtual, The Potential Judgment Is Real

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In this regular feature, Bulletproof interviews top plaintiffs’ counsel for their perspective on the crises likely to affect businesses in the near future. Today, we speak to Robert A. Bracken in the Pittsburgh office of Pribanic Pribanic + Archinaco. Mr. Bracken is representing four online gamers in a case against Linden Research, creator of Second Life, and its founder Philip ... READ MORE

What’s Next: The Plaintiff’s Perspective – Shrewd Punitive Damages Strategy Sends Novartis a Pointed Message

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In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today, we speak to David Sanford of Sanford Wittels & Heisler LLP, a class action litigation boutique with offices in New York, Washington, D.C., and San Francisco. On May 19, Novartis Pharmaceuticals, a U.S. unit of Novartis Pharmaceutical ... READ MORE

What’s Next: The Plaintiff’s Perspective – AT&T Employment Cases Underscore Risks of Across-the-Board Reclassification

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In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Tim C. Selander, attorney in the Minneapolis office of Nichols Kaster, PLLP. Mr. Selander is representing outside plant engineers who worked for Illinois Bell between May 16, 2006 and May 16, 2009, and were ... READ MORE

Toyota Recall Cases Reaffirm Plaintiffs’ Digital Dominance

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For the better part of the last decade, the plaintiffs’ bar has asserted digital dominance over the defense. In countless class action engagements, plaintiffs’ attorneys have outpaced the companies they target in search engine marketing and optimization (SEM and SEO), in the blogosphere, and on Facebook, Twitter, and YouTube. By remaining a full Internet-generation ahead in the online race to be ... READ MORE

What’s Next: The Plaintiff’s Perspective – BP’s PI Burden Suggests Need for Separate Strategy

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In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today, as Deepwater Horizon lawsuits continue to mount in number and scope, we speak to Kurt Arnold, of Houston’s Arnold & Itkin LLP. Mr. Arnold has filed a case, Burkeen v. Transocean, in county court in Galveston, Texas, ... READ MORE

What’s Next: The Plaintiff’s Perspective – Mini-Madoffs: New Exposure for the Banking Industry

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In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Steve Berk of Berk Law PLLC in Washington, DC. Mr. Berk is currently litigating four cases on behalf of clients allegedly defrauded in Ponzi schemes facilitated by leading banks. Such events are now ... READ MORE

What’s Next: The Plaintiff’s Perspective – Public Nuisance: A Tort is a Tort is a Tort

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In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we take a somewhat different tack in a conversation with Lee DeHihns, a partner at Alston & Bird and former EPA Deputy Regional Administrator and Associate General Counsel, who, as counsel to defending companies, offers a ... READ MORE

What’s Next: The Plaintiff’s Perspective – Treating the NCAA Like Big Business

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In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Jon T. King, a partner in the San Francisco office of Hausfeld LLP. Mr. King is one of the lead attorneys suing Electronic Arts Inc. and the National Collegiate Athletic Association on behalf ... READ MORE

Record Fine Presents Opportunity for Toyota to Employ a “Sorry Works” Strategy

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Transportation Secretary Ray LaHood’s announcement that the National Highway Traffic Safety Administration (NHTSA) will levy a $16.4 million fine on Toyota for allegedly concealing problems with “sticky accelerators” may actually present the beleaguered automaker with an opportunity to buttress its crisis and litigation communications strategies. "We now have proof that Toyota failed to live up to its legal obligations," Secretary LaHood ... READ MORE


What’s Next: The Plaintiff’s Perspective – Employment Reclassification Case Targets Labor Abuses by ‘Franchisers’

In this regular feature, Bulletproof interviews top plaintiffs’ counsel for their perspective on the crises likely to affect businesses in the near future. Today, we speak to Shannon Liss-Riordan of Lichten & Liss-Riordan, P.C. in Boston. Ms. Liss-Riordan represents plaintiffs in Pius Awuah et al. v Coverall North America Inc., a lawsuit that has taken employment reclassification cases to a new level. In March, Massachusetts District Judge William Young ruled that the plaintiffs, classified by Coverall ... READ MORE

What’s Next: The Plaintiff’s Perspective – Second Life: The Alleged Damages Are Virtual, The Potential Judgment Is Real

In this regular feature, Bulletproof interviews top plaintiffs’ counsel for their perspective on the crises likely to affect businesses in the near future. Today, we speak to Robert A. Bracken in the Pittsburgh office of Pribanic Pribanic + Archinaco. Mr. Bracken is representing four online gamers in a case against Linden Research, creator of Second Life, and its founder Philip Rosedale. They claim the company redacted the plaintiffs' ownership rights to virtual "land" without reasonable ... READ MORE

What’s Next: The Plaintiff’s Perspective – Shrewd Punitive Damages Strategy Sends Novartis a Pointed Message

In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today, we speak to David Sanford of Sanford Wittels & Heisler LLP, a class action litigation boutique with offices in New York, Washington, D.C., and San Francisco. On May 19, Novartis Pharmaceuticals, a U.S. unit of Novartis Pharmaceutical Corp, was ordered to pay Sanford’s clients – a group of 5,600 female employees – ... READ MORE

What’s Next: The Plaintiff’s Perspective – AT&T Employment Cases Underscore Risks of Across-the-Board Reclassification

In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Tim C. Selander, attorney in the Minneapolis office of Nichols Kaster, PLLP. Mr. Selander is representing outside plant engineers who worked for Illinois Bell between May 16, 2006 and May 16, 2009, and were reclassified from exempt to non-exempt on May 16, 2009. The Plaintiffs allege that they consistently worked ... READ MORE

Toyota Recall Cases Reaffirm Plaintiffs’ Digital Dominance

For the better part of the last decade, the plaintiffs’ bar has asserted digital dominance over the defense. In countless class action engagements, plaintiffs’ attorneys have outpaced the companies they target in search engine marketing and optimization (SEM and SEO), in the blogosphere, and on Facebook, Twitter, and YouTube. By remaining a full Internet-generation ahead in the online race to be found, the plaintiffs’ bar has recruited scores of class litigants and effectively shaped the narrative ... READ MORE

What’s Next: The Plaintiff’s Perspective – BP’s PI Burden Suggests Need for Separate Strategy

In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today, as Deepwater Horizon lawsuits continue to mount in number and scope, we speak to Kurt Arnold, of Houston’s Arnold & Itkin LLP. Mr. Arnold has filed a case, Burkeen v. Transocean, in county court in Galveston, Texas, seeking unspecified damages on behalf of rig workers Joshua Kritzer, Bill Johnson, and Nick Watson, ... READ MORE

What’s Next: The Plaintiff’s Perspective – Mini-Madoffs: New Exposure for the Banking Industry

In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Steve Berk of Berk Law PLLC in Washington, DC. Mr. Berk is currently litigating four cases on behalf of clients allegedly defrauded in Ponzi schemes facilitated by leading banks. Such events are now being called “mini-Madoffs.” Three of the cases are against Bank of America. The fourth is Benson ... READ MORE

What’s Next: The Plaintiff’s Perspective – Public Nuisance: A Tort is a Tort is a Tort

In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we take a somewhat different tack in a conversation with Lee DeHihns, a partner at Alston & Bird and former EPA Deputy Regional Administrator and Associate General Counsel, who, as counsel to defending companies, offers a contrarian perspective to the corporate voices that have zealously and categorically attacked the credibility of ... READ MORE

What’s Next: The Plaintiff’s Perspective – Treating the NCAA Like Big Business

In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Jon T. King, a partner in the San Francisco office of Hausfeld LLP. Mr. King is one of the lead attorneys suing Electronic Arts Inc. and the National Collegiate Athletic Association on behalf of former collegiate basketball and football stars who claim that their likenesses have appeared in ... READ MORE

Record Fine Presents Opportunity for Toyota to Employ a “Sorry Works” Strategy

Transportation Secretary Ray LaHood’s announcement that the National Highway Traffic Safety Administration (NHTSA) will levy a $16.4 million fine on Toyota for allegedly concealing problems with “sticky accelerators” may actually present the beleaguered automaker with an opportunity to buttress its crisis and litigation communications strategies. "We now have proof that Toyota failed to live up to its legal obligations," Secretary LaHood said. "Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and ... READ MORE